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1973-01-16 Council minutesPage 152 January 16,1973 VILLAGE OF 0ENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 16,1973 Pursuant to due call and notice thereof, the regular meeting of the Village Council, Village of Mendota Heights, was held at 8:00 o''oIook P.M. at the Village Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Huber called the meeting to order at 8:00 O'clock P.M. The following members were present: Mayor Huber, Councilmen Lockwood, Losleben, Gutzmer, and Wahl. APPROVE MINUTES Ayes: 5 Nayo:UO APPLICATION FOR APPOINTMENT TO PARKS AND RECREATION COMMISSION ACACIA PARK SEWER AND WATER Ayes: 5 Nays: 0 SALE OF BONDS Councilman Wahl moved approval of the minutes of the January 2 meeting with correction. Councilman Lockwood seconded the motion. Mayor Huber acknowledged receipt of a letter from 0r. William F. Allen, 900 Wagon Wheel Trail, in which 0r. Allen requested that he be considered for appointment to the Parks and Recreation Commission. Mayor Huber moved adoption of Resolution Number 73-05, "RESOLUTION CANCELLING PROPOSED SEWER AND WATER IMPROVEMENTS IN THE ACACIA PARK AREA (IMPROVEMENT NO. 72, PROJECT NO.2.\x Councilman Gutzmer seconded the motion. Mr. Larry Shaughnessy, Jr. Village Financial Advisor, opened the bids received for the sale of $340,000 temporary Improvement Bonds. The following represent the various banks and bond brokers bidding on the issue: Banc Northwest — bid $42,942 with an interest rate of 4.21qt; Piper, Jeffrey and Hopwood bid $38,760 with an interest rate of 3.80%; First National Bank of Minneapolis and Mid— America State Bank of Mendota Heights bid $39,746 with an interest rate of 3.89669t; American National Bank and Trust Company bid $37,026 with an interest rate of 3.63%; First National Bank of St. Paul bid $39,746 Ayes: 5 Nays: 0 REQUEST FOR DIVISION OF PROPERTY ROGERS LAKE LEVEL CONTROL Page 153 January 16,1973 with an interest rate of 3.896qt. Councilman Gutzmer moved adoption of Resolution No. 75-06, "RESOLUTION ACCEPTING BID ON SALE OF $34010O0 TEMPORARY IMPROVEMENT BONDS, SERIES 1972 AND PROVIDING FOR THEIR ISSUANCE," thereby awarding the bid to the American National Bank of St. Paul and providing that a certified copy of the Resolution be filed with the County Auditor. Councilman Wahl seconded the motion. Mayor Huber acknowledged receipt of a letter from Lennon Realty requesting Council consideration of the division of Lot IO, Willow Spring Addition. Mayor Huber stated that the matter should be referred to the Planning Commission for consideration of the planning aspects. He further suggested that the Planning Commission make a general study of the zoning in that area. Mayor Huber acknowledged receipt of a letter from the Parks and Recreation Commission regarding Rogers Lake. Councilman Losleben explained that the dredged areas north of the Friendly Hills Park under the Northern 5te�tess, Power Company power lines are the main concern of the letter. He stated that this area is presently the discharge area for the Rogers Lake line and that the Commission is fearful that when the Rogers Lake level project is planned, no consideration will be given to diverting water into these dredged areas. Mayor Huber directed the Village Engineer to take into consideration the Park Commission' concern for the future of these dredged areas when the plans and specifications for the project are prepared, 9if the Department of Natural Resources rules favorably on the Village's application f or a control device). APPLICATION FOR APPOINTMENT TO PARKS AND RECREATION COMMISSION PLANNING COMMISSION APPOINTMENTS Ayes: 5 Nays: 0 PARKS AND RECREATION COMMISSION APPOINTMENT Ayes: 5 Nays: 0 PUBLIC Page 154 January 16, 1973 Mayor Huber acknowledged receipt of a letter from Mrs. Madelyn Shipman, 14I5 Cherry Hill Road, in which Mrs. Shipman requested that she be considered for appointment to the Parks and Recreation Commission. Mayor Huber directed Village Administrator Johnson to clarify with Mrs. Anne Lawler whether or not she wishes to remain on the Commission, since Mrs. Shipman's letter indicates that Mrs. Lawler plans to vacate her position on the Commission. Mayor Huber moved that Mrs. Kathy Ridder and 0r. Robert Clemens be reappointed to the Planning Commission for terms of three years, the terms to begin on February 1, 1973. Councilman Wahl seconded the motion. Mayor Huber briefly reviewed for the Council requests for appointment to the Parks and Recreation Commission which were received from the following residents: William F. Allen, 900 Wagon Wheel Trail; Mrs. Madelyn B. Shipman, 14I5 Cherry Hill Road; Walter G. Lundeen, 2349 Apache Street; Stanley J. Lee, 740 Cheyenne Lane; and Raymond Rubin, 742 Cheyenne Lane. Mayor Huber suggested that each of the Councilmen study and review his copies of the letters so that the matter of appoint- ment(s) can be resolved at the February 6 meeting. Councilman Loslebon moved that Kevin Howe be reappointed to the Parks and Recreation Commission for a term of three years, commencing on February 1, 1973. Councilman Lockwood seconded the motion. 0r. Joseph Kulhanek, 953 Wagon Wheel Trail, was present to request deferment of the sanitary sewer assessment levied against Lot 14, Parcel 26314, Caroline's Lake View Addition. He stated that since the Council deferred making the water assessment on this lot, hp feels that the sewer assessment should also be deferred. He further stated that he has contacted the Department of Natural PUBLIC • FEDERAL REVENUE SHARING TRUST FUND ESTABLISHED Ayes: 5 Nays: 0 VILLAGE AUDIT Ayes: 5 Nays: 0 Page 155 January 16, 1973 Resources and that he has received a letter from them stating that Lot 14 is part of the public waters of Rogers Lake. He also stated that the lot is completely under water. Mayor Huber stated that he would like to delay making a decision on the matter until after a decision has been reached by the DNR on the Village's application to lower Rogers Lake. Mayor Huber directed the Village Administrator to study the matter and to bring a report to the Council after the DNR decision has been received. Councilman Lockwood pointed out that this is a very old assessment which was levied in connection with the Trunk Sewer System, Improvement 4, Project 7D. Mrs. Marilyn Nelson requested that the Council do something about the problem of vehicles being parked so close to the road at the Gulf Station on Lexington Avenue and Highway 110. Mayor Huber directed the Village Administrator to check the setback regulations for that area at the time the Station was constructed. Councilman Lockwood moved the adoption of Resolution Number 73 -07, "RESOLUTION ESTABLISHING A TRUST FUND FOR DEPOSIT AND USE OF ENTITLEMENT FUNDS." Councilman Losleben seconded the motion. Councilman Wahl moved the adoption of Resolution Number 73 -08, "RESOLUTION AUTHORIZING AND DIRECTING ANNUAL VILLAGE AUDIT," directing the firm of Wilkerson, Guthmann and Johnson to conduct the audit examination. Councilman.Gutzmer seconded the motion. VOLUNTEER FIRE DEPARTMENT ORDINANCE Page 156 January 16, 1973 Mayor Huber stated that since the creation of the Village Administrator position, all of the departments of the Village, with the exception of the Volunteer Fire Department, have been placed under the Village Admin- istrator, but up until this time, the Fire Department still adheres to the guidelines set forth under the original Fire Department Ordinance. He further stated that since the Volunteer Fire Department is a Village expenditure, he directed the Village Administrator to update the Fire Department ordinance to more closely align the depart- ment with the other Village departments. Village Administrator Johnson stated that the present ordinance was copied directly from the League of Minnesota Municipalities model ordinance. He further stated that the League also listed some alternatives which could be inserted in the ordinance, depending on the structure of the Village. He noted the following differences or additions included in the proposed ordinance. Secion 2, the wording was taken directly � di tl� y from one of the League alternatives. Section 3, Duties of Chief, some additional responsibilities were included, providing for additional reporting to the Council and to the Administrator. Also, under the old ordinance, the Chief, Acting Chief and Captain were to have been available twenty—four hours a day -- this has been deleted from the proposed ordinance because it is impractical. Section 9, Smeciel Or anizotiono, subsection (a) is the same as the existing ordinance; subsections (b) and (c) were copied from the Coon Rapids Volunteer Fire Department Ordinance and provide for the election of officers of special organizations and the functions and duties of the officers of such special organizations. Section 11, Equipment, is a completely new section. SOMERSET VIEW STREET IMPROVEMENTS 0SA STREETS Page 157 January 16, 1973 Mayor Huber stated that the wording in Section 2, A22aintments, should be changed in line four to read "...take into consideration recommendations of the Village Administrator and members of the Department," and that line ten should read "...take into consideration recommendations of the Village Administrator." Mayor Huber requested that copies be made available for distribution to the members of the Volunteer Fire Department for their meeting to be held on January 17. Councilman Lockwood stated that he would like to see subsections (d) and (e) of Section 11 clarified. Village Administrator Johnson distributed to the Council copies of a letter drafted to inform the residents of the Somerset View area of the proposal on street improvements, so that the residents will thereby be brought up to date prior to the hearing to be held on January 23. Village Administrator Johnson stated that in 1972 the Village received an allotment of $42,334 for 0SA streets, and that for the year 1973 the Village will receive a $53,625 allotment -- an increase of approximately $11,300. He also stated that the Village has sufficient funds to build the east section of Marie Avenue, from Dodd Road to, DeIamare Avenue, and that Larry Shaughnessy, Jr., Village Financial Advisor, will give him an outline on the financing for the west section. 0r. Johnson also suggested that perhaps a more firm policy on assessments on 0SA street improvements should be established. Mrs. Joan 0eierotto asked whether it would be feasible to construct a bicycle path along Marie Avenue in conjunction with the proposed street improvements, and Village Engineer Kishel responded that construction of side- walks, at least on the south side of Marie Avenue, is being considered but that an expenditure from State Aid funds for bicycle paths could not be justified. BECKMAN, YODER AND SEAY CHARGES PLANNING COMMISSION CASE #72 -34, BJORKLUND Ayes: 4 Nays: 1 Wahl Page 158 January 16,1973 Village Administrator Johnson outlined for the Council his memo which listed the various charges billed to the Village by Beckman, Yoder and Seay. Mayor Huber asked Mr. Johnson if it is his opinion that the charges are consistent with the contracts, and Mr. Johnson stated that he does not have any objection to the charges. He further stated that the analysis was submitted to the Council in accordance with Councilman Gutzmer's request for a breakdown of the charges. Mr® Richard Bjorklund was present to request an 8'8" variance from the 30' sideyard set- back requirement for a lot he owns located on the northwest corner of 4th Avenue and Dodd Road. Mr. Bjorklund submitted a letter in which he listed 50 homes north of Wentworth Avenue on corner lots which were constructed closer to the lot line than the stipulated 30' setback. He stated that the home which is proposed to be constructed on this lot would cost approximately $45,000 and that the future owner wishes to have the home face Dodd Road. He pointed out that the owners of the properEy adjoining this lot have no objection to the variance request. Councilman Wahl objected to approval of the variance since the variance had been turned down by the Planning Commission; it is also his feeling that the variance could not be justified simply because there are other homes in the area which do not comply with the setback requirement. Mayor Huber moved that a variance of 8'8" from the 30' sideyard setback requirement be granted for the south (4th Avenue) side of the lot located on the northwest corner of 4thi °Avenue and Dodd Road. Councilman Lockwood seconded the motion. LOWER MINNESOTA RIVER WATERSHED DISTRICT ORDINANCE MISCELLANEOUS INVESTMENTS Ayes: 5 Nays: 0 LIST OF CLAIMS Page 159 January 16, 1973 Councilman Lockwood stated that the Village has thirty days left in which to draft an ordinance covering the prot- ection of the Lower Minnesota River Water- shed District; if no ordinance is drafted; the State has the option of drafting one for the Village. Mayor Huber directed the Village Adminis- trator to contact Attorney Haik and to determine whether the State—drafted- ordinance would be reasonably protective; if the ordinance is determined to be sufficiently protective, he feels that the Village should accept the State—drafted ordinance. Councilman Wahl stated that there is currently no Village ordinance pertaining to enclosing roof—top mechanical devices, and stated that he feels there should be some provision made which would cover such emnlboures. He pointed out the appearance of the Tuminelly Office Center -- there is currently no enclosure around the roof—top devices -- and requested that 0r. Tuminally be contacted and directed to enclose the devices. Mayor Huber moved that the Village Clerk— Treasurer be authorized to invest $100,000 in time savings certificates for projects known as 12-07 and that the Clerk—Treasurer be authorized to invest $22,304 in time savings certificates for the fund known as Federal Revenue Sharing Fund. Councilman Wahl seconded the motion. Mayor Huber moved the Council to adopt the following motion: RESOLVED that the claims submitted to the Village Council for payment, a summery of which is set forth on the list attached hereto and identified as List of Claims submitted for payment, January 16,1975, Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nayst:O ADJOURN Ayes: 5 Nays: 0 ATTEST: Page 160 January 16,I973 having been audited by the Village Council, be ard are hereby allowed and the Mayor and Clerk—Treasurer of the Village of Mendota Heights are hereby authorized and directed to issue Village checks in payment of said claims. Councilman Lockwood seconded the motion. Councilman Gutzmer moved approval of the licenses with the exception of Ron KiaIing Excavating (liability insurance was not provided), granting licenses to: Fischer's 66 Cigarettes License Builders Supply EnterprioeslIno. General Contractor Liue//ee Councilman Wahl seconded the motion. There being no further business to come before the Council, Councilman Gutzmer moved that the meeting be adjourned. Councilman Losleben seconded the motion. I'7:i / / Time of 4, rnment: 10:57 P.M. AgOVN4iabaugh Donald L. Huber er Treasure t